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where she intends to remain, and wishes her pension to be there payable, in future. The following are her reasons for removing from

to

:

Sworn and subscribed to before me the day and year aforesaid,

APPLICATION FOR A NEW CERTIFICATE.

INSTRUCTIONS.—Blanks are left at the close of applicant's affidavit that he may set forth the time, place, and manner of the loss or destruction of the original certificate.

The pensioner's oath must be supported by the evidence of another person as to identity. The witness must swear that he well knows him to be the same person described in his affidavit, and the magistrate must certify that the deponent is a person of veracity.

When a person acting as agent or attorney for a pensioner loses the certificate, the affidavit of that person, duly authenticated, is also required.

The official character and signature of the officer before whom the affidavits are made must be authenticated by the certificate of the proper officer, under his seal of office; and in every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small ribbon, the ends of which must pass under the seal of office of the certifying officer.

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SS:

STATE OF
County of
On this
day of

184, before the subscriber, a for said county, personally appeared

who, on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain in the regiment commanded by Colonel

in the service of the United States; that his name was placed on the pension roll of the State of

; that he received a certificate of that fact under the signature and seal of the Secretary of ; which certificate, on or about the day of —

18—, at or near Sworn and subscribed to before me the day and year aforesaid,

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STATE OF
County of

On this

SS:

day of

18—, before the subscriber, a

for said county, personally appeared who, on his oath, declares that he well knows

who has executed the foregoing affidavit, to be the identical pensioner named therein.

Sworn and subscribed to before me the day and year aforesaid,

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PART IV.

This division will present a digest of all the established decisions made by the Attorneys General, Secretaries of War, Secretaries of the Interior, and Commissioners of Pensions, relating to pensions and the rules and principles which govern the Pension Office. Many of the decisions rendered have been with reference to the construction of special laws, and matters in which no general principle is involved. Of course, their day and use have gone by. No such decisions will find a place in this digest. It will be confined entirely to decisions involving general principles, and such as are recognised by the office at the present time and acted on.

DIGEST OF DECISIONS.

Section 1. Who may claim the arrears of pension due a deceased pensioner.

"Where a pensioner died, leaving a widow, who also died without demanding the pension due since the last semi-annual payment, her executors or administrators are alone entitled. If he left no widow, but several children, one of whom dies before the amount is paid, the legal representatives of the deceased child are entitled to his share. If he left

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neither widow nor child, his legal representatives are entitled.”

[Opinion of Attorney General, February 28, 1834. “A pensioner under the act of June 7, 1832, was subsequently admitted under that of July 5, 1832, and, according to the rule then in existence, the pension ceased; and what he had received as pension was deducted from the half pay due him. After his death this rule was reversed, it being then decided that the same party might receive both pension and half

pay. His widow and his administrator each claimed the pension that had been withheld under the erroneous rule, and it was decided that the case was controlled by the act of March 2, 1829, under which the widow has the prior right.”

[Secretary of War, in the case of Benjamin Field. To the same purpose are the decisions April 21, 1845; March 5, 1850; July 14, 1846; and July 18, 1844.

A practice slightly varying from the above appears to have prevailed with reference to revolutionary cases, when persons had not been put on the pension list before their death:

“While the fractions of a pension due between the last semi-annual payment and the pensioner's death must, according to the Attorney General's opinion of February 28, 1834, be paid to the legal representatives of the widow, if she survived him, yet arrears of pension, which had never been claimed or allowed in his lifetime, nor claimed by the widow in hers, go to his children."

[Secretary of War, July 18, 1844. "The act of June 19, 1840, applies to pensioners

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